From the Twitterverse we get legal opinions on the mandate.
Randy Barnett wins in the most succinct category:
Tom Elliott @tomselliottDr. Fauci on why Americans who’ve previously been infected should get vaccinated despite studies showing it’s unnecessary: “I don’t have a really firm answer for you on that” https://t.co/Y1CH2Wh6nk
The Babylon Bee expands on the whole issue of “natural immunity,” which is sure to be important in the coming legal challenges:
Shipwreckedcrew wins in the “Priviliges? You don’t get no stinkin’ privileges!” category:
Tom Elliott @tomselliott.@DrLeanaWen: “There are privileges associated with being an American. That if you wish to have these privileges, you need to get vaccinated. Travel, and having the right to travel in our state, it’s not a constitutional right as far as I know to board a plane." https://t.co/eyhEVooV20
Here, shipwrecked asks a joke question. Spoiler: the punchline is @peterbakernyt:
Peter Baker @peterbakernytWhere we live, your child must receive vaccinations against diphtheria, tetanus, pertussis, mumps, measles, rubella, polio, Haemophilus influenza type (Hib), hepatitis B, and varicella in order to attend school. Don't remember any big fight over these.
Jonathan Turley wins the “As we were saying” category--and has a link to a pretty sound article:
Bonus first paragraph, for non-lawyers:
In the law, it is called an admission against interest or an out-of-court statement by a party that, when uttered, is against the party’s pecuniary, proprietary, or penal interests. In politics, it is called just dumb. White House chief of staff Ronald Klain offered a doozy this week when he admitted that the announced use of the authority of the Occupational Safety and Health Administration (OSHA) for a vaccine mandate was a mere “work around” of the constitutional limit imposed on the federal government. The problem is that the thing being “worked around” is the Constitution. Courts will now be asked to ignore the admission and uphold a self-admitted evasion of constitutional protections.
Brett Tolman links to an article that features Ilya Shapiro winning the Trifecta in the Con Law category:
Shapiro’s Triple Threat:
First, there’s a separation‐of‐powers issue in that this sweeping new regulation is being imposed by presidential diktat, with related claims about the proper scope of OSHA’s statutory authority and whether Congress can even delegate such broad power to the executive branch. ...
Second, even if the executive branch is permissibly interpreting the relevant federal laws, these kinds of impositions are hardly a regulation of interstate commerce (or the use of any other constitutionally enumerated power): states have general police powers to regulate for public health and safety, but the feds don’t. ...
Third, forcing private businesses to do the government’s dirty work isn’t a “proper” means of effectuating the goal of limiting the pandemic. Again as in the Court’s ruling in the first Obamacare lawsuit, which found no independent power to compel noncommercial intrastate activity as part of a larger regulatory scheme — what Randy Barnett eloquently called “commandeering the people” — the federal government can’t now commandeer businesses to impose mandates on individuals that it can’t impose directly.
Finally, Babylon Bee placed two tweets in a tie in the “Best Workaround” category: